2016 Maryland Code
Health - General
Title 19 - Health Care Facilities
Subtitle 3 - Hospitals and Related Institutions
Part XI - Designation of Lay Caregivers.
§ 19-381. Designation of lay caregivers.

(a) In general. -- A hospital shall provide a patient or the legal guardian of a patient with an opportunity to designate one lay caregiver before discharge of the patient.

(b) Decision to decline designating lay caregiver. -- If a patient or the legal guardian of a patient declines to designate a lay caregiver:

(1) The hospital shall document the decision in the patient's medical record; and

(2) The hospital shall be deemed to be in compliance with the provisions of this part.

(c) Procedure to designate. -- If a patient or the legal guardian of a patient designates a lay caregiver, the hospital shall:

(1) Record in the patient's medical record:

(i) The designation of the lay caregiver;

(ii) The relationship of the lay caregiver to the patient; and

(iii) The name, telephone number, and address of the lay caregiver; and

(2) Request the written consent of the patient or the legal guardian of the patient to release medical information to the lay caregiver in accordance with:

(i) The procedures of the hospital for releasing personal health information; and

(ii) All applicable federal and State laws.

(d) Declining to release medical information to lay caregiver. -- If a patient or the legal guardian of a patient declines to consent to the release of medical information to the lay caregiver, the hospital is not required to:

(1) Provide to the lay caregiver the notice required under § 19-382 of this part; or

(2) Consult with the lay caregiver or provide to the lay caregiver information contained in the discharge plan issued under § 19-383 of this part.

(e) Changing designation. -- A patient or the legal guardian of a patient may change the designation of a lay caregiver in the event the lay caregiver becomes incapacitated.

(f) No obligation to perform aftercare for patient. -- A designation of a lay caregiver by a patient or the legal guardian of a patient under this section does not obligate an individual to perform any aftercare for the patient.

(g) Construction of section. -- This section may not be construed to require a patient or the legal guardian of a patient to designate a lay caregiver.